84R13445 SRS-D
By: Spitzer H.B. No. 3214
A BILL TO BE ENTITLED
AN ACT
relating to the imposition of an additional fee for filing civil
cases in certain Kaufman County courts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 51, Government Code, is
amended by adding Section 51.712 to read as follows:
Sec. 51.712. ADDITIONAL FILING FEE FOR CIVIL CASES IN
KAUFMAN COUNTY. (a) This section applies only to district courts,
statutory probate courts, county courts at law, and justice courts
in Kaufman County.
(b) Except as otherwise provided by this section and in
addition to all other fees authorized or required by other law, the
clerk of a court shall collect a filing fee of not more than $15 in
each civil case filed in the court to be used for the construction,
renovation, or improvement of the facilities that house the Kaufman
courts collecting the fee.
(c) Court fees due under this section shall be collected in
the same manner as other fees, fines, or costs are collected in the
case.
(d) The clerk shall send the fees collected under this
section to the county treasurer or to any other official who
discharges the duties commonly assigned to the county treasurer at
least as frequently as monthly. The treasurer or other official
shall deposit the fees in a special account in the county treasury
dedicated to the construction, renovation, or improvement of the
facilities that house the courts collecting the fee.
(e) This section applies only to fees for a 12-month period
beginning July 1, if the commissioners court:
(1) adopts a resolution authorizing a fee of not more
than $15; and
(2) files the resolution with the county treasurer or
with any other official who discharges the duties commonly assigned
to the county treasurer not later than June 1 immediately preceding
the first 12-month period during which the fees are to be collected.
(f) A resolution adopted under Subsection (e) continues
from year to year until July 1, 2030, allowing the county to collect
fees under the terms of this section until the resolution is
rescinded.
(g) The commissioners court may rescind a resolution
adopted under Subsection (e) by adopting a resolution rescinding
the resolution and submitting the rescission resolution to the
county treasurer or to any other official who discharges the duties
commonly assigned to the county treasurer not later than June 1
preceding the beginning of the first day of the county fiscal year.
The commissioners court may adopt an additional resolution in the
manner provided by Subsection (e) after rescinding a previous
resolution under that subsection.
(h) A fee established under a particular resolution is
abolished on the earlier of:
(1) the date a resolution adopted under Subsection (e)
is rescinded as provided by Subsection (g); or
(2) July 1, 2030.
SECTION 2. Subchapter D, Chapter 101, Government Code, is
amended by adding Section 101.061193 to read as follows:
Sec. 101.061193. ADDITIONAL DISTRICT COURT FEES FOR COURT
FACILITIES: GOVERNMENT CODE. The clerk of a district court in
Kaufman County shall collect an additional filing fee of not more
than $15 under Section 51.712, Government Code, in civil cases to
fund the construction, renovation, or improvement of court
facilities, if authorized by the county commissioners court.
SECTION 3. Subchapter E, Chapter 101, Government Code, is
amended by adding Section 101.081196 to read as follows:
Sec. 101.081196. ADDITIONAL STATUTORY COUNTY COURT FEES FOR
COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory county
court in Kaufman County shall collect an additional filing fee of
not more than $15 under Section 51.712, Government Code, in civil
cases to fund the construction, renovation, or improvement of court
facilities, if authorized by the county commissioners court.
SECTION 4. Subchapter F, Chapter 101, Government Code, is
amended by adding Section 101.101191 to read as follows:
Sec. 101.101191. ADDITIONAL STATUTORY PROBATE COURT FEES
FOR COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory
probate court in Kaufman County shall collect an additional filing
fee of not more than $15 under Section 51.712, Government Code, in
civil cases to fund the construction, renovation, or improvement of
court facilities, if authorized by the county commissioners court.
SECTION 5. Subchapter H, Chapter 101, Government Code, is
amended by adding Section 101.143 to read as follows:
Sec. 101.143. ADDITIONAL JUSTICE COURT FEE FOR COURT
FACILITIES COLLECTED BY CLERK. The clerk of a justice court in
Kaufman County shall collect an additional filing fee of not more
than $15 under Section 51.712, Government Code, in civil cases to
fund the construction, renovation, or improvement of court
facilities, if authorized by the county commissioners court.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.